Ritchie v. Sweet
Texas Supreme Court
Appeal from Bexar. Tried below before the lion. T. II. Stribling. On November 14,1859, Sweet made his note for §6500, with two sureties, payable to Samuel Ritcliie twelve mouths after date, with interest. On the 39th of July, 1863, Ritchie received from Sweet Confederate notes to the amount due, and entered satisfaction of the promissory note upon its back, surrendering it to Sweet at the same time.
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Appeal from Bexar. Tried below before the lion. T. II. Stribling. On November 14,1859, Sweet made his note for §6500, with two sureties, payable to Samuel Ritcliie twelve mouths after date, with interest. On the 39th of July, 1863, Ritchie received from Sweet Confederate notes to the amount due, and entered satisfaction of the promissory note upon its back, surrendering it to Sweet at the same time. Ritchie also accompanied Sweet to the county clorlc’s office and executed a release of a deed of trust made by Sweet as a security for the note. On the 3d of June, I860, Ritchie instituted this…
1Opinion of the CourtMorrill, C. J.
Suit by the payee of a note against the maker. Answer of the defendant that he owes nothing. Amended petition states that in 1862 the plaintiff surrendered the note to defendant, and receiyedthe amount called for in Confederate money—that this Avas no payment, because: First—it AA'as received through duress ; second—it was a worthless, spurious, void, illegal, unconstitutional, treasonable and rebellious currency.
The judge charged the jury : First—that a voluntary reception of the Confederate money, in full payment of the note by the payee Avould be good payment. Second—that if the plaintiff…
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